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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2018.07.13 2018노544
수산업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime of paragraphs 1 and 2 in the judgment below: the crime of paragraphs 2 and 3 in the suspension of execution in August; the crime of paragraphs 3 and 4 in the judgment below: imprisonment with prison labor in August; confiscation in August) is too unreasonable.

2. The fact that the defendant appears to have the attitude of recognizing and opposing the crime, that the defendant's health condition is not very good, and that the crime of Articles 1 and 2 of the decision of the court below is in the relation of concurrent crimes with the violation of the Fisheries Act as stated in the judgment of the court below, which became final and conclusive, and the crime of Articles 37 and 39 (1) of the Criminal Act must be determined in consideration of equity with the case where the judgment is to be rendered simultaneously under Article 39

However, during the course of illegal capture and sale of the defendant, it is necessary to strictly punish the illegal capture and distribution for a simple economic benefit as an endangered species, in which international capture is prohibited. The crime of this case is planned and organized together with his accomplices, and its nature is very poor in light of the Criminal Procedure Act. The defendant constitutes a line after employing the captain and crew for the illegal capture of minck, and forms physical equipment and expenses, and sells the captured mincs during the course of capture and distribution. It seems that the defendant continuously takes part in the past of the capture line, including, but not limited to, the number of times of the crime, and profits acquired by the defendant from the crime without any significant number of times of the crime. In full view of the circumstances that the defendant committed the crime of this case, such as the record of imprisonment for the same kind of crime and the circumstances that the defendant committed during the period of suspension of execution, the circumstances and circumstances of the crime of this case, including the defendant's age and circumstances, and other circumstances that the defendant committed the crime of this case.

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